(a)

(b)

(c)

any other school in respect of which the Crown pays, or authorises the payment of, either or both—

(i)

grants:

(ii)

teachers’ salaries:

(d)

a licensed early childhood education and care centre within the meaning of section 309 of the Education Act 1989:

(e)

a playgroup within the meaning of section 309 of the Education Act 1989 for which a certificate issued under regulations under that Act is held and in respect of which the Crown pays, or authorises the payment of, grants

State school has the same meaning as in section 145(1) of the Education Act 1989

structure includes a temporary structure, a movable structure, a structure for the storage of machinery or chattels, and a structure for the containment of animals.

5 Regulations

(1)

The Governor-General may, on the recommendation of the Minister of Police, by Order in Council, make regulations for the purpose of identifying an organisation, association, or group of persons as a gang for the purposes of this Act.

(2)

The Minister of Police may not make a recommendation under subsection (1) unless he or she is satisfied on reasonable grounds that the organisation, association, or group proposed to be identified has the following characteristics:

(a)

a common name or common identifying signs, symbols, or representations; and

(b)

its members, associates, or supporters individually or collectively promote, encourage, or engage in criminal activity.

Part 2 Offences and enforcement

6 Prohibition of display of gang insignia

(1)

No person may display gang insignia at any time in Government premises.

(2)

Every person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

(3)

Without limitation, and to avoid doubt, a Judge may apply section 128 of the Evidence Act 2006 in deciding whether a sign, symbol, or representation is gang insignia for the purposes of this Act.

7 Powers of arrest and seizure in relation to persons displaying gang insignia

(1)

A constable may, without warrant,—

(a)

arrest a person who the constable has good cause to suspect has committed an offence against section 6(2):

(b)

seize and remove gang insignia (by the use of force if necessary) that has been or is being displayed in Government premises.

(2)

Gang insignia seized under subsection (1)﻿(b) are forfeited to the Crown if the person from whom the gang insignia is taken pleads guilty to, or is convicted of, an offence against section 6(2).

(3)

If gang insignia are forfeited to the Crown under subsection (2), the gang insignia may be destroyed or otherwise disposed of as the court, either at the time of the conviction for the offence under section 6(2) or on a subsequent application, directs.

8 Power to stop vehicle to exercise powers of arrest or seizure

(1)

A constable may stop a vehicle without a warrant to exercise either or both of the powers in section 7(1) in relation to a person if the constable has reasonable grounds to believe that the person is in or on the vehicle.

(2)

A constable who stops a vehicle under subsection (1) must—

(a)

be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or

(b)

be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren.

(3)

A constable exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,—

(a)

identify himself or herself to the driver of the vehicle; and

(b)

tell the driver that the stopping power is being exercised under this section for the purpose of exercising powers under section 7(1); and

(c)

if not in uniform and if so required, produce evidence that he or she is a constable.

(4)

Without limiting section 7(1), a constable exercising the stopping power conferred by subsection (1) may do any 1 or more of the following:

(a)

search the vehicle to locate a person referred to in subsection (1):

(b)

search the vehicle to locate gang insignia that the constable may seize under section 7(1)﻿(b):

(c)

require any person in or on the vehicle to state his or her name, address, and date of birth, or any of those particulars that the constable may specify:

(d)

require the vehicle to remain stopped for as long as is reasonably necessary to exercise the powers—

(i)

in paragraphs (a), (b), and (c); and

(ii)

in section 7(1), in relation to a person referred to in subsection (1) of this section.

(5)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

(a)

fails to stop as soon as practicable when required to do so by a constable exercising the power conferred by this section; or

(b)

fails to comply with a requirement of a constable under subsection (4)﻿(c) or (d).

9 Filing charging document for offence

Reprints notes

1 General

This is a reprint of the Prohibition of Gang Insignia in Government Premises Act 2013 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.